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Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......sed persons had become absconders. The word “satisfaction” need not be written before passing order under section 11(1) of the Act for publication of the notification in the daily newspapers. The absence of the word 'satisfaction' in the order cannot prevent the High Court Division from looking ......gainst them in absentia. Therefore, Mr. Hossain concludes that the entire trial was illegal and so the impugned conviction and sentence passed against the petitioners must be held illegal and without jurisdiction. In support of his submission Mr. Hossain cites an unreported decision of a Divisi..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ...... it appears that the different authorities are empowered to carry out different functions. As, for example, under section 25 power for search and seizure of arms is given to a Magistrate within whose jurisdiction the person is residing. Similarly, under section 18 of the Arms Act the power to cancel..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....the plaintiff Bank but the plaintiff without giving any time published Tender Notice and sold 2296 bags of garlic. At that time the value of Garlic per KG was Tk. 56 in the market and accordingly total price of the goods was Tk.32,14,400, that the defendant did not agree with the plaintiffs clai......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......fold: Firstly, whether a deed of Heba-bil-Ewaz is contractual document and, if so, whether registration thereof is necessary as per law. Secondly, whether this Court, in exercising revisional jurisdiction under section 115(1) of the Code of Civil Procedure, can look into the correctness of..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....eptance must both be expressed at one meeting; a proposal made at one meeting and an acceptance made at another meeting do not constitute a valid marriage." 13. All such essential requisites are totally absent in the instant case. The plaintiff as P.W.1 even could not say the name of the 'Ima......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ...... impugned order dated 8-2-2011 under section 189 of the Penal Code as aforesaid. It is the case of the petitioner that the impugned conviction dated 8-2-2011 by the Executive Magistrate was without jurisdiction and, as such, he approached this Court under section 561A of the Code of Criminal Proce..Category: Criminal Law | Date: | Hits: 81
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....he maker accused took active part in commission of the offence. This confessional statement is not only exculpatory but at the same time it speaks an unholy connection with the informant to make it a totally unreliable piece of paper………………(127) Cases Referred to- 29 DLR (SC) 211; 2......rcumstances, could not have failed to notice their presence, probable that witnesses had not seen the occurrence. In the case of Mohd. Aqil Khan Vs. Akhtar Hossain, PLD 1971 Kar 864, it has been held absence of names of the witnesses in the FIR assumes significance only when information lodged by pe......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
....ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......03, and in case of failure to sell the property in auction the subsequent steps for issuance of certificate and possession to the decree holder may be taken if the decree holder bank prays so. In the absence of filing of application for execution of the decree, the order of the court for issuing cer......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....ce and the defence did not adduce any evidence on their behalf. 8. The defence case as it transpires from the trend of cross-examination of the P.Ws. and the suggestions put forward to them is the total denial of the charge and their case, inter alia, is that the accused persons have enmity with ......the exceptions does not relieve the prosecution from leading evidence and proving all the ingredients of the offence……………………………………(39) Circumstantial evidence In the absence of any direct evidence to prove the charge under section 304 part-1 of the Penal Code, the o...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
.... was then pumped into the tanks of International Tank Terminal, Potenga in presence of all surveyors and the respective parties. In the shore tanks there was survey by all the 3 surveyors and the total quantity found on survey was 1917.355 metric tons and thereby there was a shortage of 11.856......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... the instigation of his enemy; that no pipe gun and cartridges were recovered from him; that the learned Tribunal Judge erred in law in relying solely upon the evidence of the police witnesses in the absence of corroboration by the members of the public; that the police witnesses were partisan witne...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......issued bona fide for the simple reason that at the time of issue of the notice, the authority concerned had not yet arrived at as to any evasion of VAT by the petitioner..................(14)
Writ jurisdiction in VAT matters
There is no dearth of authority to say when an authority is created t..
Category: Fiscal/Taxation Law | Date: | Hits: 131
.... bid, the impugned approval was given, that too in the absence of any formal detailed project profile with financial analysis as to the loss and profit in the business of the project and the expected total annual income from the project and, for that matter, income of the Government of Bangladesh an......ing of the existing Chittagong Port and that the approval has been given without evaluating the past record of the respondent No. 8 as to its capability of performance, financial soundness and in the absence of the project feasibility report and that the approval has been given on an application sub...... terminals at the relevant time and without inviting international tender to and that as per provisions of the Chittagong Port Authority Ordinance 1976 (CPA Ordinance) the approval as given is beyond jurisdiction, since Chittagong Port Authority, being authorised to give such permission, has not bee..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....d etc. The petitioner is an assessee of Companies Circle-15, Taxes Zone-5, Dhaka having TIN: 250-400-001. 3. The Petitioner submitted its income tax return for the assessment year 1998-99 claiming total income at all. Pursuant to notice under section 79 and 82(1) of the Ordinance, an authorized r......d. 8. The moot issue that is facing us is whether or not the Board was justified in refusing to consider the prayer for waiver of the petitioner from payment of tax for the appeal presented in the absence of any such provision in the Ordinance empowering it so to do. 9. Mr. Nihad Kabir, learne......the exercise and enforcement of that right of appeal and there can then be no question of the amended provision preventing the exercise of that right. The argument that the authority has no option or jurisdiction to admit the appeal unless it be accompanied by the deposit of the assessed tax as requ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..Category: Criminal Law | Date: | Hits: 86
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......mits that the suit filed by the plaintiff was not maintainable as the plaintiff was a worker and had remedy before the Labour Court and the suit is hit by section 42 of the Specific Relief Act in the absence of any prayer for consequential relief. In support to his contention the learned Advocate ha......
Vs.
Md. Abdur Rahman and another…………………Opposite parties
Judgment
April 24, 2008.
Result:
The Rule is discharged.
Jurisdiction of a Civil Court
The exclusion of jurisdiction of a Civil Court should not to be readily inferred. Even if jurisdiction is so excluded..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......"When the appellate Court as the final Court of fact decides questions of fact and records its findings on consideration of the evidence on record, the High Court Division while exercising revisional jurisdiction cannot interfere with findings of the facts unless the High Court Division is satisfied..Category: Civil Law | Date: | Hits: 94
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